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(영문) 대전지방법원 홍성지원 2013.08.20 2013고단83
배임수재
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant from March 20, 2006 to December 10, 2008, and from January 6, 2012, the same year.

5. By March 31, 200, the head of the Bosa Fisheries Cooperatives (hereinafter referred to as the “ Bosa Cooperatives”) branch C is a person who has been in charge of all business activities related to sales of tax-free petroleum, such as management of oil supply facilities, issuance of delivery instructions to supply tax-free petroleum, sales proceeds from duty-free petroleum, inspection of inventory, etc.

According to the Guidelines for the Supply of Tax-Free Petroleum for Fishing and Follow-up Management, the Ministry for Food, Agriculture, Forestry and Fisheries, which is the directives of the Ministry for Food, Agriculture, Forestry and Fisheries, confirms whether a person in charge of issuing the order for delivery of tax-free oil is engaged in fisheries upon receipt of an application from a fisherman and whether the relevant fisherman is engaged in fisheries, consignment sales, entry and departure records, etc., and prepares an order for delivery through SPS (SPAS) and issues it to the fishermen, and the fishermen receive the payment of oil while signing their signature on the column for confirmation of receipt of the order for delivery at the maritime oil supply station, and the fishermen submit the same to the person in charge of handling the tax-free petroleum

The Defendant is receiving a daily report on the quantity of tax-free stock from D, who is an employee in charge of the supply of tax-free oil with the business, on the other hand, while he knows that D has arbitrarily cancelled the delivery order issued to the fishermen and issued it to all business and employees including D without obtaining the approval of his own business operator and the head, who is necessary for the cancellation of the normally issued delivery order from the above purchase information system, and that he has been aware of the fact that D has received oil payment without obtaining the approval of his own business operator and issued it to the fishermen. However, he tried to receive money from D under the pretext of impliedizing the fact of such misconduct by taking advantage of his own position as the business operator.

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